UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 95-10499
PATRICIA McGEHEE,
Plaintiff-Appellant,
VERSUS
SHIRLEY S. CHATER, COMMISSIONER
OF SOCIAL SECURITY,
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
(3:94-CV-604-G)
March 21, 1996
Before BARKSDALE, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:1
BACKGROUND
Patricia McGehee filed an application for disability insurance
benefits and supplemental security income alleging that she became
disabled on December 2, 1990, due to both physical and mental
impairments. The application was denied originally and upon
reconsideration. Following a hearing held by an administrative law
1
Pursuant to Local Rule 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in Local Rule 47.5.4.
judge (ALJ), the ALJ issued a decision, denying McGehee's
disability claim. McGehee requested review by the Appeals Council,
which decided there was no basis for changing the ALJ's decision.
Thereafter, the ALJ's decision became the final decision of the
Commissioner.
McGehee filed a timely complaint in the district court to set
aside the Commissioner's decision. The Commissioner answered and
moved for summary judgment. The magistrate judge issued a report
and recommendation, recommending that the court grant the
Commissioner's motion for summary judgment. McGehee timely
objected to the magistrate judge's report. Following an
independent review of the pleadings, files and records, the
district court adopted the magistrate judge's report and granted
the Commissioner's motion for summary judgment.
OPINION
This Court reviews the Commissioner's decision to determine
whether there is substantial evidence in the record to support the
Commissioner's decision and whether the Commissioner applied the
proper legal standards. Spellman v. Shalala, 1 F.3d 357, 360 (5th
Cir. 1993). Substantial evidence is that evidence which is
relevant and sufficient for a reasonable mind to accept as adequate
to support a conclusion. Id. In applying this standard, this
Court may not reweigh the evidence or try the issues de novo, but
must review the entire record to determine whether substantial
evidence exists to support the Commissioner's findings. Villa v.
Sullivan, 895 F.2d 1019, 1022 (5th Cir. 1990).
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The Social Security Act defines "disability" as the "inability
to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can be
expected to result in death or which has lasted or can be expected
to last for a continuous period of not less than 12 months." 42
U.S.C. § 423(d)(1)(A). A mental impairment "must be established by
medical evidence consisting of signs, symptoms, and laboratory
findings," it may not rest only upon the claimant's own statements
of symptoms. 20 C.F.R. § 404.1508. Title 20 C.F.R. § 404.1520
sets out a 5-step sequential procedure for evaluating whether a
disability exists. A disability exists when: (1) the claimant is
not presently working; (2) the claimant's ability to work is
significantly limited by a physical or mental impairment; (3) the
claimant's impairment either meets an impairment listed in Appendix
1, the Listing of impairments (automatic finding), or (4) the
claimant's impairments prevent return to past relevant work
(evidentiary finding); and (5) the claimant cannot perform other
work available in the national economy.
McGehee has suffered from insulin dependent diabetes mellitus
(IDDM - Type 1) since she was nine months old. The ALJ found that,
as a result of her diabetes, McGehee suffers from neuropathy
affecting her feet, legs and hands. The ALJ found that, given her
physical impairments, McGehee cannot perform any of her past
relevant work as a cashier and that she retains only the physical
residual function capacity to perform no greater than sedentary
work. Because there are a significant number of cashier jobs in
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the national economy which do not involve prolonged standing and
walking, the ALJ determined that McGehee has transferable skills to
other sedentary jobs. Accordingly, the ALJ found McGehee not
disabled at step 5.
Regarding McGehee's alleged mental impairment, the ALJ stated
"[t]here is some evidence that claimant has a mental impairment,"
but concluded that the evidence did not demonstrate a medically
determinable impairment. Although McGehee was treated briefly with
medication for depression in the period from June 1991 until August
1991, there is substantial evidence supporting the ALJ's conclusion
that McGehee no longer requires psychiatric treatment, and is not
functionally limited by her mental condition.
McGehee's limited period of psychiatric treatment in 1991
appears to have been caused by poor health, financial problems and
marital discord. The ALJ concluded that evidence relating to that
period demonstrated a situational depression. Thus, the ALJ relied
primarily upon a more recent consultive psychiatric report prepared
by Dr. Stewart-Smith in March 1992. Dr. Stewart-Smith reported
that McGehee probably suffered from a minor depression, but that
there was nothing psychiatrically wrong with McGehee that would
interfere with her ability to take care of herself, work, or handle
her personal finances. Dr. Stewart-Smith opined that McGehee would
benefit from getting a job, but considered McGehee's prognosis for
improvement poor because of McGehee's "commitment to being
disabled."
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McGehee's chief complaints to Dr. Stewart-Smith were that she
was depressed, did not feel able to work and could not concentrate.
Dr. Stewart-Smith noted that while McGehee reported that she was
depressed, she said this with a smile on her face and showed no
evidence of depression until she began talking about such
depressing subjects as the death of her brother and grandmother.
McGehee then became tearful and looked depressed. When asked about
hallucinations, McGehee reportedly smiled and said that she hears
her deceased grandmother's voice when she is alone. She also
reported that she had considered overdosing on insulin, but did not
believe that she would ever follow through. She had normal speech
with appropriate thinking and she was oriented to time, place and
person. Dr. Stewart-Smith rated McGehee's Global Assessment of
Functioning at "70," which is defined as "some difficulty" in
social and occupational function, but did not feel McGhee would
have trouble working.
While there was other evidence and testimony upon which the
ALJ could have relied to reach a different conclusion, we are
satisfied that the evidence and testimony from Dr. Stewart-Smith
constituted substantial evidence upon which the ALJ's determination
of no medically determinable mental impairment (which was accepted
by the Appeals Council and the Commissioner) can rest.
McGehee also cites as error the ALJ's failure to complete a
Psychiatric Review Technique Form, as required by 20 C.F.R. §
404.1520a. Title 20 C.F.R. §404.1520a specifies a procedure for
evaluating mental impairments. Part of that procedure requires the
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completion of a standard document called the Psychiatric Review
Technique Form (PRTF) at every adjudicatory stage. There is no
dispute that the ALJ failed to complete a PRTF in this case.
Procedural defects in the agency process are reversible error
when the substantial rights of a party have been affected. Maya v.
Bowen, 837 F.2d 1362, 1364 (5th Cir. 1988). The ALJ's decision is
adequately supported by the record, and reflects due consideration
of the various aspects of McGehee's mental condition. Remand is
unnecessary to correct the procedural impediment.
Accordingly, we AFFIRM the district court's grant of summary
judgment in favor of the Commissioner.
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